NOTES OF OCTOBER 26, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

            Present (clockwise around table):  Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.

            Also present and sitting in the audience:  Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh, Town Clerk Beth Yeaton, Planning Administrator Kim Reed. Rye Fire Lieutenants Jake McGlashing and Charles Gallant.

Persons present from the public included:  Portsmouth Police Chief Steven Achilles (Fire Chief of Portsmouth), Peter Crawford, Chairman of Portsmouth Fire Commissioners Richard Gamester, Alan Gould.

 

Editor’s note:  For ease in finding particular sections using the archived video and audio on the Town website, the elapsed time is indicated.  Use the slider and the elapsed time indicated at the bottom of the video window to fast forward to the desired section.  Videos on the Town website may currently be accessed at www.town.rye.nh.us by clicking on “Town Hall Streaming” at the bottom left of the screen.  Follow the link for “Town Hall Live Streaming,” then find the meeting by date under “Previous.”

The video starts at 6:46:55 p.m. (0:00 elapsed).  The audio is off until 6:49:47 (2:52 elapsed)

 

Summary

 

1.      Selectman Jenness related her experience at the recent Rising Tides Conference, and pushed for more action and citizen involvement.

2.      Initial proposal for Fire Department consolidation with Portsmouth was presented.  Discussions will continue.

3.      Parsons Creek Watershed bacteria contamination source investigation has been inconclusive thus far, but levels are extremely high.  A $79,000 warrant article may be proposed to investigate community septic systems in the watershed.

4.      Discussion of the budget for the Town Clerk’s Saturday office hours included Selectman Mills berating a Town employee, threatening the other Selectmen and acknowledging that he had made a personal promise to a resident to reduce the hours.

5.      The position of Finance Assistant Sue Dunfey has been eliminated, but no mention was made of whether this would reduce Town Hall space requirements.

 

Sealing of minutes (3:10 elapsed)

 

The Selectmen voted to seal the minutes of the non-public session just concluded.

 

Announcements (4:08 elapsed)

 

            It was announced that trick-or-treat will be the upcoming Friday from 5:00 to 7:00.

 

Summary of Rising Tides Conference (4:20 elapsed)

 

Selectman Jenness stated that, the prior weekend, she had spent three days at the Ashworth Hotel in Hampton Beach participating in the Rising Tides Conference.  It was sponsored by Bob Lister, the Mayor of Portsmouth, and State Senator Nancy Stiles.  A lot of work was done by the Union of Concerned Scientists.  Elected officials from 18 of the 23 coastal states in the U.S. were present.

Rising tides are well-documented by scientists, she said.  Many stories were shared by participants.  Dawn Zimmer of Hoboken was the star of the show.  She showed photos of her city, 60% of which was under water, before and after the flood.  Selectman Jenness stated that she cannot imagine having 60% of Rye under water, but a conference participant sitting next to her from the Alabama coast referred to 98% inundation.  In Rye the issues have been minor, or nuisance flooding.  However the duration, number and intensity of the storms have been increasing. 

Dr. Kathryn Sullivan, the Administrator of NOAA stated that what happens on the coast has a ripple effect.  Twenty-five percent of the New Hampshire population is in the coastal region and there is a strong economic engine here.  If that is damaged the ripple will affect the rest of the state. 

FEMA’s Deputy Associate Administrator for Insurance and Mitigation Roy Wright addressed the conference.  He proposed legislation including stronger teeth in building codes applicable when building or rebuilding is to occur. 

A representative of the Army Corps of Engineers proposed dunes and berms.

More citizen involvement is needed, Selectman Jenness asserted.  The 50 Rye residents who participated in the recent workshops are not enough for a town of 5600.  The hazard mitigation plan which states how FEMA would address any rebuild needs to be reviewed. 

Planning Administrator Kim Reed stated that there would be a meeting the upcoming Thursday.  The Town has a grant and this document would be updated, she said.

Selectman Jenness stated that the building codes need to be updated, particularly as they relate to building in storm-sensitive areas. 

 

Consent Agenda (12:12 elapsed)

 

The two items on this agenda, which granted permission for the Conservation Commission to accept and expend funds of $500 for the Goss Farm, and permission for a bake sale by the Rye Youth Softball at the Recycling Center, were unanimously approved.

 

Minutes (12:49 elapsed)

 

The minutes of October 14 were approved with changes.  A change was made to delete the reference to the Rye Harbor Bridge being unstable.  Public Works Director Dennis McCarthy stated that this was stated by the CIP Committee, not him.

The minutes of the non-public session on October 14 were approved without changes, as were the minutes of two non-public sessions on October 22.

 

Appointment of Dan Fuglestad as Rye Police Officer (15:41 elapsed)

 

Police Chief Kevin Walsh introduced Mr. Fuglestad.  He is from Medfield, MA.  Chief Walsh summarized his background.  He received a Bachelor of Arts degree in Sociology, with a minor in Justice from the University of New Hampshire in 2012.  He is cheerful, a hard-worker and can work independently.  Selectman Musselman stated that Mr. Fuglestad had met with the Selectmen in non-public session.

Town Clerk Beth Yeaton then swore in Mr. Fuglestad.  There was applause afterwards.

            Selectman Mills related a story about a jet ski from Wolfeboro and the rising tide having inundated the owner’s vehicle.

 

Fire Department consolidation (19:33 elapsed)

 

Town Administrator Magnant stated that, after former Fire Chief Sullivan retired, the Town entered into discussions with Portsmouth regarding consolidation.  There were a series of meetings with Chief Achilles and Fire Commissioner Gamester.  The Selectmen then asked him, Interim Fire Chief Lambert and former Town Administrator Gould to form a group to look into this further.  Editor’s note:  Mr. Gould is also the former Police Chief of Rye.  The Selectmen have the report in front of them. 

The report provides information about the two departments and talks “a little bit” about consolidation and the opportunities, Mr. Magnant said.  Having Portsmouth take over the command function of the Rye Fire Department was discussed.  The options to the Town are:

1.      Status quo.  There has been a part-time Fire Chief for 8-9 years.

2.      Returning to a full-time Fire Chief as Rye has had in the past.

3.      Some form of consolidation such as contracting with the Portsmouth Fire Department to perform the command function.

4.      Equipment consolidation.  This would be difficult without some form of operational consolidation, he asserted.

            Mr. Magnant stated that Chief Achilles, Commissioner Gamester and Alan Gould are all here to answer questions.

            At the invitation of Selectman Mills, Portsmouth Fire Chief Achilles came up to sit at the Selectmen’s table.   Selectman Mills stated that he has a pager and listens “quite constantly” to the calls.  Some of the Chiefs are not happy with that but two additional firefighters were hired as a result of his monitoring of the calls.  That improved service tremendously, he asserted.  Selectman Mills then complimented Chief Achilles on two recent incidents where the Portsmouth Fire Department had assisted Rye in handling calls. 

            Chief Achilles stated that, operationally, the departments work well together.  He denied however that Portsmouth self-dispatches itself to Rye in the absence of a request.  Editor’s note:  Later in the discussion it was revealed how the requests were made to Portsmouth.

            Selectman Mills then invited Chief Lambert to come sit at the table as well. 

            Selectman Musselman asked what improvements in terms of response time, training or personnel might result from the consolidation as proposed. 

            Portsmouth Fire Chief Achilles stated that the Rye Fire Department is very good now, however, the staffing is limited to 2-3 firefighters on duty, which allows one unit at a time to be deployed.  Editor’s note:  Rye owns two pumper trucks, one quint (which is a combination ladder truck and pumper), one small forest fire fighting truck, plus the ambulance.  No tank truck is owned although certain of the trucks have small integral water tanks.  Mutual aid or the recall of off-duty personnel is relied on to provide more units.  With a four station model and a lot of reserve apparatus response would be more automatic.  Editor’s note:  Portsmouth currently has three fire stations:  one at Pease, one downtown, and one near the intersection of Lang Rd. and Route 1.  Instead of two people responding there could be an additional 13.  Training and Rye’s experience along the waterfront would benefit both departments.  The Rye Fire Department would not lose its autonomy.  It’s important to keep the call personnel and lifeguard staffing intact.  Twenty-four hour coverage of a chief officer and other support personnel would be gained, he said.

            Selectman Musselman asked about the availability of a Chief 6-8 hours per week.  Chief Achilles clarified that this would be someone physically in the Rye Public Safety Building during that time.  Selectman Musselman noted that a clerical staff member would be available 20 hours per week.  He asked Chief Lambert how many hours a week he worked. 

            Rye Fire Chief Lambert responded that it was 32 hours.  Selectman Musselman asked what functions would be lost if his hours were reduced to 8 and a clerical staff member was available half-time.  Chief Lambert stated that he spends a lot of time now in planning.  He also coordinates groups, providing continuity between shifts. 

            Portsmouth Fire Chief Achilles stated that not all of the Portsmouth stations have a Chief present.  With him and his two deputies Rye would not be getting anything sub-standard.  No promotions would be needed.  Portsmouth and Rye would both continue to run with a supervising officer for each shift. 

            Selectman Musselman asked about the challenges listed, which for Rye are fear of change, union resistance, inequitable sharing of resources, loss of control, difference of department philosophies and culture.  Chief Achilles stated that both the officers and firefighters unions in Portsmouth were in support.

            Selectman Musselman asked about Rye.  Rye Fire Chief Lambert stated that all of the challenges listed were applicable.  He has not heard a stand, one way or the other.  There is anxiety and a wait-and-see attitude.

            Portsmouth Fire Chief Achilles stated that the cultural issues are not insurmountable.  The department has come a long way since Mr. O’Brien was chief.  A lot of the people that Rye has hired Portsmouth would also hire.

            Selectman Musselman noted that Rye is cheap, and cheaper than Portsmouth.  That is a point of pride, he said.  There was discussion about the Rye Fire Department ultimately reporting to the Selectmen while the Portsmouth Fire Department ultimately reports to a Fire Commission.  Chief Achilles noted that some expenditures had been rejected in Portsmouth as well.  The question in both Rye and Portsmouth is what does the community want, he said.

            Mr. Magnant noted that he looked for a book on consolidation.  The only one that he found was written by Chief Achilles.  One of the things that he says is that it is necessary to do what is best for the residents.  Down the road, consolidation presents the hope that it would save significant costs.  He asked how consolidation would improve service for Rye taxpayers.

            Chief Achilles stated that more assets would be leveraged in a timely fashion.  The assets of two communities would be leveraged, including taxpayers other than citizens.  It would be easier to absorb financial challenges.  The Rye Fire Department does a “bang up job” with what they have.  It would be better if there were 3-5 people on a shift with the resources to manage the first 5-10 minutes with that number of people.  A recent structure fire in Portsmouth was handled for the first 7-8 minutes with 3-4 people.  That is very taxing, he said.  Rye is counting on two people to provide the initial response.

            Selectman Musselman noted that Rye is 1/5 the size of Portsmouth in terms of staffing and the number of calls.  However, Portsmouth has four engines while Rye has two.  Editor’s note:  Rye also has a utility vehicle for fighting forest fires.  Portsmouth has two aerial ladders, Rye has one quint.  Editor’s note:  A quint is able to serve as both a pumper and a ladder truck.  Rye cannot get to 3-5 people with a reasonable financial commitment that is similar to other communities of Rye’s size.  There is an economy of scale that Chief Achilles is describing how to leverage, he said.

            Chief Achilles stated that there are not 4-5 pieces of equipment in their stations.  Over time, the capital expenses for Rye should go down as not all of the pieces of equipment required for a full department would be needed.

            Selectman Musselman asked how decisions on who is responsible for paying for jointly-used equipment would be made.  Chief Achilles stated that that would need to be part of the agreement.  It might not be necessary to determine that initially. 

            Selectman Jenness stated that the questions had been good.  No decision would be made tonight.  There is a lot of information to review.  The section on challenges lays out a lot of things. 

            Selectman Mills stated that he did not disagree.  There is safety in numbers.  Lafayette is two minutes away.  Rye doesn’t have the calls that Portsmouth has Friday and Saturday nights with the bars closing.  It is going to take awhile.  The equipment issue will have to be sorted out based on usage. 

            Selectman Musselman asked Alan Gould what he thought.  Mr. Gould stated that he agreed with everything that has been said.  He has addressed consolidation in another context.  One police department that he has worked with had two towns merge their departments.  It has not worked out and now a department needs to be created.  In this proposal it is a simple business transaction that can be undone.  He spoke about the standard operating procedures complying with best practices.  At some point Rye is going to have to determine what to do as there are not many people with experience as a senior officer within commuting distance beyond Chief Lambert and Chief Sullivan, he asserted.  Editor’s note:  This of course assumes that no suitable candidate for the position would be willing to move and that there are no suitable candidates within the Department who could be promoted to Chief.

            Selectman Musselman asked about a trial period with an assessment three months prior to the expiration.  Chief Achilles suggested a one year trial.  There has been a contract with New Castle relating to ambulance service and a memorandum of understanding with Greenland for ambulance service.  Portsmouth does not like multi-year contracts, he said. 

            Selectman Musselman noted that Portsmouth is growing administratively.  It has recently taken over New Castle’s water system.  Portsmouth does a wonderful job for Rye on welfare.  Rye is talking to them about other services, he said. 

            It was confirmed that neither Richard Gamester (Chairman of the Portsmouth Fire Commissioners) nor the Portsmouth City Council would have any role in Rye. 

            Alan Gould asked whether Rye wanted a “pushy” Fire Chief.  Mr. Magnant interjected, “Just think, you had a pushy Police Chief at one point.”  There was laughter.

            Selectman Mills stated that he would like to see this pursued on a regular basis.  Selectman Musselman agreed, provided that it is decided that this option is to be pursued.  There are other options as well, he said.

            Lieutenant Charles Gallant, President of the Firefighters of Rye, stated that Portsmouth had included their unions in some discussions.  He suggested that he be involved.  Selectman Musselman stated that was an issue between Chief Lambert and him.  Lieutenant Gallant stated that they were up in the air and have no idea what is going on. 

            Selectman Jenness stated that rumors intensify anxiety.  Selectman Musselman agreed that whatever can be shared should be.  He suggested a work session with Chief Lambert, with possible input from others.  Mr. Magnant agreed.  A copy of the report can be given to the union and issues or concerns addressed with Chief Lambert, he said.

            Lieutenant Jake McGlashing, 296 Grove Rd., asked for a copy of the report.  It was agreed that this was public information.  Editor’s note:  No copy of the report was found on the Town website as of November 1, 2015.

 

Parsons Creek Stormwater Loan Program (61:41 elapsed)

 

            Planning Administrator Kim Reed stated that Forrest from FB Environmental was present, along with Rich and Rob from the Horsley Witten Group, Sally Soule from New Hampshire DES and Barb McMillan.  She wants the experts to talk to the Selectmen.  They are looking into a feasibility study.  No smoking gun has been found with respect to the source of pollution of the Parsons Creek Watershed.  A loan has been brought to their attention through a 319 grant. 

            Forrest passed out a copy of a presentation.  Editor’s note:  No copy of the presentation was found on the Town website as of November 1, 2015.  He stated that he works out of Portsmouth for FB Environmental.  Rich Claytor, President of Horsley Witten has traveled here from Cape Cod.  He has dealt with similar coastal bacterial issues. 

            Forrest stated that he had been coming to meetings here for five years.  He showed a map of the Parsons Creek Watershed.  Rye is a wetland-dominated land use.  Bacteria tracking is a tricky business, he said. 

            Monitoring in Rye started in 2004.  That’s when high counts were found.  This body of water needs a big reduction based on State criteria.  Based on literature and the age of systems, a 24 percent septic failure rate has been estimated.  Storm water and septic systems are the likely suspects in terms of the high bacteria counts, he said. 

            Forrest showed a map with each lot in the watershed colored based on the risk factor, a lot of which is based on the soil and water table level.  In addition, a map of beachfront parcels showed a survey based on the age of systems. 

            The standard is 104, but counts of 19,000 during dry weather and over 24,000 after a rain event have been seen.  In his experience over 13 years, he has only seen counts this high in Lincolnville, Maine. 

            A canine (i.e. septic sniffing dogs) study was done in 2013.  It determined that the source is human, not animal.  The dogs have a 86-100 percent success rate with no false positives.  The dogs hit only on human waste. 

            Forrest showed a map of where the samples had revealed high counts of human fecal material.  These were on both sides of Marsh Rd. adjacent to the Wallis Sands State Park parking lot.  Other locations with high counts were at the Parsons Creek outlet and two locations north of there, Marsh Rd. Pond, near Geremia Rd. off of Brackett Rd. and an additional location south of there.  Editor’s note:  The Parsons Creek outlet is near a beach at Concord Point. 

            The Marsh Rd. pond samples were conducted on October 20, 2015.  In 2008 and 2010 the counts were low so resampling had not been done since then. 

            A smoking gun has not been found.  They are finding highly saturated septic systems in a wetland complex, Forrest said.

            Selectman Jenness asked when they would start knocking on doors.  Forrest indicated that, while they were close to that, he was not sure that they wanted to do that until there is a solution in mind.  It is difficult because, where there is no water it is not possible to test.  There was then discussion about whether dye testing of toilets would be effective.  The consensus appeared to be that, often, the dye would not make it through the layers of soil or sand.

 

(80:50 elapsed)

            Sally Soule of New Hampshire DES stated that Rob Livingston of DES had traveled to the Marsh Rd. area and walked the entire border of the marsh and took samples without finding any septic systems in outright failure.  His numbers looked a little lower, but that is the nature of bacteria, she said. 

            This problem is going to be difficult to solve and is unlikely to be solved for the amount of money that is in the grant, she said.  There is money to do cursory evaluations of septic systems, including opening up of the ground and looking at the leach fields and baffles.  There is some money for cost sharing of system replacements but the amount is small.  The town is dealing with saturated soils, space constraints, systems that are likely old and a lot of systems in a tight area. 

            Ms. Soule stated that Kim Reed had asked her to look into SRF loans which are available to communities to do this type of work, which would be a feasibility study aimed at fixing more than one home at a time.  The town would borrow the money, getting 20 percent principal forgiveness, to look at what could be done and the cost.  The town is on a pre-approved list to borrow the funds, however there is no commitment.  A request would need to be put on the warrant to borrow the funds, she said.  Barb McMillan added that the interest rate would be less than one percent over the first five years with the ability to pay the loan back at any time. 

            Selectman Mills asked how large a loan was being proposed.  Rob and Rich stated that it would be $79,000 less 20 percent forgiveness.  Ms. Soule stated that the forgiveness was assured and not subject to budgetary availability.

 

(87:05 elapsed)

            Rich Claytor, President of the Horsley Witten Group, stated that they are a small, 30 year old business on the Cape.  They have 50 people total, with offices in Massachusetts, Rhode Island and Georgia.  An office is being opened in Exeter within the next few weeks, replacing the Newburyport office.

            They have a fair amount of expertise working in the coastal area.  They have worked on clustered systems of about 50,000 gallons per day which would support several houses, he said. 

            Selectman Musselman asked whether the two Horsley Witten representatives knew Peter Lombardo.  Mr. Claytor confirmed.  Selectman Musselman stated that Mr. Lombardo had been in Rye 35 years earlier to look at small systems for Rye Beach and Jenness Beach on rock and in wetlands. 

            Selectman Musselman asked what had happened to Wright Pierce.  There were contracts with FB Environmental and Wright Pierce, he said.  Public Works Director Dennis McCarthy stated that they had only been doing some of the BMPs.  Editor’s note:  This is an apparent reference to best management practices.

            Mr. Claytor said that his firm had not yet been hired.  Selectman Musselman said that they would need to go through a process for that to happen.  Forrest stated that he had invited them to attend. 

            Mr. Claytor showed some slides relating to a project in the salt ponds region of Rhode Island.  Editor’s note:  A slide displayed by Mr. Claytor showed a map indicating that the area is adjacent to Green Hill Pond and Ninegret Pond.  Internet research indicates that this is within the jurisdiction of South Kingston and/or Charleston, RI.  See http://www.saltpondscoalition.org/PageGHPond.html.  Mr. Claytor showed photos of two possible solutions:  a bottomless sand filter and a shallow narrow drain field.  The effluent can be disposed of in less than a foot of soil.  This can support up to 20-30 houses on one system.  Mr. Claytor provided a lot of additional detail on how they could implement a project.  The intent of their presence is to make sure that the Selectmen understand the project.  Ultimately they are seeking approval to put the project on the warrant, he said.

            Selectman Jenness asked about the impact of sea level rise.  Mr. Claytor stated that they would take that into account. 

            Mr. Claytor stated that all of the houses were built with the intent that each would take care of their own wastewater.  Many are not able to do that because they are very old, there is not enough room, the ground water is too high, it is built on a marsh, etc.  However, the lot next door might work just fine.  If there are shared benefits the adjacent property owner might work with his neighbor.

            Selectman Musselman stated that he knew that the conclusion would be that there are certain neighborhoods which require removing the waste water to another location.  The mapping is not done yet.  He had hoped that was going to be part of the prior project.  Once there is sufficient data to sell that to residents they probably need to look to adjacent areas, such as three or four blocks north of Marsh Rd. and areas west of the marsh on Wallis Rd. where there are very small lots and bedrock conditions.  Selectman Musselman stated that he has been waiting for the needs analysis to be done, which is more than bacterial sampling.  We cannot go beyond “where we’re stuck” until we know what areas cannot support septic systems, he said. 

            Ms. Soule stated that the task as it stands in the grant includes $12,000 to do “super cursory” septic system evaluations of 25 properties.  Those are voluntary.  It is proving to be very difficult to get people to allow them on site, so it is not working out well, she said. 

            Selectman Musselman stated that he thought that the other part, which was to fix septic systems, was premature.  They need the map to understand which areas will not support septic systems first, he said. 

            Mr. Claytor stated that the data indicates that there are several systems that are a problem.  The tide is probably coming up, intersecting the bottom of the septic system, and sewage is flowing out, he asserted. 

            There was further discussion of the needs analysis and the proposed scope of work.

            Selectman Musselman asked how a location would be found for the systems.  Most of the problematic lots would require moving the waste water to an area where land can be acquired and where there are suitable soil conditions.  That will probably be west of the wetlands, he said.

            Mr. Claytor said that it does not make economic sense to pump sewage .5 miles or 1 mile down the road.  They have come a long way with some of the disposal systems.  They would push the envelope, which would need approval at the State level.

            Selectman Musselman stated that the capital costs would not be insignificant if the systems need to be 500 feet away.  Pumping stations and land, which is going for $400,000 per acre, would be required.  He asked whether the facilities would be privately or publicly funded.

            Mr. Claytor stated that both could be used.  There could be a shared easement and shared maintenance for perhaps three houses.  It might be possible to do this with five separate systems in that area, he said.

            Selectman Jenness asked about the available leverage.  Mr. Claytor stated that owners with old systems would be aware that the system would need to be replaced at some point. 

            Selectman Musselman asked why connecting to the existing Rye sewer system at Jenness Beach was not being proposed.  Forrest stated that that would be part of the feasibility study.  Mr. Claytor stated that that capital cost would be significant. 

            Selectman Musselman asked whether some public funding would be needed for the clustered systems.  Mr. Claytor stated that it depends on how significant the problem is.  He cannot answer that today, he said. 

            Ms. Soule reiterated that there was not enough funding.  There is only $12,000 for investigation and $15,000 for septic systems, which would provide partial funding for only 3 systems, she said.       

            Kim Reed stated that there is a new septic system going in at a location on the beach and that there are two failed septic systems on Highland Park.  There is discussion with those homeowners about doing a shared septic system.

            There was discussion about redirecting some of the grant money from septic replacements to investigation.  Ms. Reed stated that they had been thinking about using this money for the systems on Highland Park.

            Selectman Jenness stated that the septic systems are likely 50 years old.  Forrest stated that it would provide $5000 from the grant for an estimated $35,000 system.  Ms. Reed stated that, since then, they had received a list of six property owners in the Marsh Rd. area that have failed septic systems that Building Inspector Peter Rowell wants her to reach out to. 

            Selectman Musselman asked whether the people on Highland Park would have proper easements and legal documentation for the shared responsibility.  Ms. Reed confirmed.

            Selectman Mills stated that, if the houses are that old they are probably paid for and the owners can afford new septic systems.  Editor’s note:  There are multiple assumptions implicit in this statement, namely, that the original owners still own the house, that it has not been refinanced, and that the owners have excess disposable income by virtue of owning their house free and clear.

            Ms. Reed stated that the owners would install new systems whether or not government funds are made available to them.  She stated that the money available would not pay for more than the engineering services or a small portion of the cost.

            Selectman Musselman asked about the grant contract language, which he had not seen.  It was agreed that that would be provided.

            Selectman Jenness asked whether there was any change once the bison were gone.  Forrest stated that they knew there were human hits there.  Selectman Musselman clarified that he was referring to “BCH27,” just north of Geremia.

            Selectman Musselman stated that they had done a fine job.  He asked whether, if a process was gone through to retain Horsley Witten, whether that would upset them.  Mr. Claytor said no.  Selectman Musselman stated that there are not a lot of people who do what they do.  One of the persons from the DES stated that a procurement process is not required from an SRF perspective. 

           

(126:08 elapsed)

            Selectman Mills asked about the pond.  Editor’s note:  See the notes of the September 28, 2015 and October 14, 2015 meetings at which algae in the pond at the Breakers condominiums was discussed.  Ms. Soule stated that Rob Livingston has been out to do sampling and would be going out again.  The results have been communicated to Peter Rowell.  There was discussion about the state of the pond, which was variously described as green, orange and slimy.

            Ms. Soule stated that the amendment to the scope of the grant needs to be sent to the Governor’s Council “now.”

            Selectman Musselman moved to allow a change of the scope to provide additional water quality sampling.  It was revealed that some of the money would be used for sniffing dogs in November.  Selectman Musselman qualified his motion to make it subject to review of the contracts.  All were in favor.

            Selectman Musselman indicated that the $79,000 loan proposal would be taken under advisement.

 

Town Clerk/Tax Collector budget (130:08 elapsed)  

 

            Town Clerk Beth Yeaton came up to sit at the Selectmen’s table.

            Ms. Yeaton stated that there would be four elections in 2016.  There is no date yet for the presidential primary.  Editor’s note:  There is a presidential primary, a town election, a primary for other offices and the national election.  Each party has a separate primary ballot, but the elections are held on the same day.

            Ms. Yeaton stated that there are two election accounts.  One has an increase due to the number of elections and the cost of coding.  In 2014 there was a general election and a primary.  In 2016 the programming will be “enormous.”  Each name is a separate amount.  The town ballot can be quite hefty.  Selectman Musselman stated that it is getting to be “a book.”

            Selectman Musselman moved to approve the $22,600 budget proposed.  He stated that almost all of the budgets had been cut, but this cannot be. 

            Ms. Yeaton stated that, other than required increases for insurance and wages, her increases have to do only with the elections.  Only what was absolutely necessary to increase has been increased.

            The motion to approve the $22,600 carried unanimously.

            There were questions about the second election account.  Ms. Yeaton stated that, the Moderator’s pay of $100 per session is usually not taken but money is set aside for the Deliberative Session and each election.  Ms. Gillespie stated that the Moderator had been paid for a recent recount, which took all day.  The proposed budget of $9950 was approved, with all in favor.

           

(136:46 elapsed)

            Ms. Yeaton stated that postage was the biggest hit.

            Selectman Mills noted that the salary budget is $64,000 while the actual for 2015 is $48,000.  Ms. Yeaton noted that a significant part of the year is remaining.  Ms. Gillespie noted that the reason it did not go up a full two percent is that one less week has been budgeted.  Editor’s note:  In the past, some years, including 2015, have been budgeted with approximately two percent extra for wages due to 53, rather than 52, pay days falling during the year. 

            Selectman Musselman asked why the wages were up more than two percent.  Ms. Yeaton explained that Andrea Morrissey had transitioned to full-time in April of this year. 

            Selectman Mills asked whether that attributed for the difference between $84,000 and $91,000.  Ms. Yeaton added that the COLA had also resulted in an increase.  Editor’s note:  COLA stands for cost of living adjustment.  See the notes of the September 14, 2015 meeting.  The union contracts provide a floor of 2 percent for increases so, despite the fact that inflation was up only .2 percent, wages will increase 2 percent.  Although Town employees other than police, fire and public works are not unionized, traditionally these other employees have received the same increases as apply to the union employees.  Ms. Yeaton stated that there was no increase in hours.

            Selectman Musselman asked about software licensing fees.  He noted that $10,250 had been budgeted, but only $9270 spent.  The year before the expenditure was $9064.  He asked whether the budget could be reduced to $9300.  Ms. Yeaton said that it could be reduced a little.  Ms. Gillespie stated that the full $10,250 would likely be needed. 

            Selectman Musselman asked about the Rockingham Registry fees.  Ms. Yeaton stated that these are recording fees.  These vary depending on the number of liens.  It could possibly be reduced to $1500, she said.

            Selectman Musselman noted that the $2500 budgeted for printing had not been spent.  Ms. Yeaton stated that she had not sent the tax bills and envelopes out for printing as there is almost no space to store them. 

            Selectman Musselman noted that the binding budget was not being spent.  Ms. Yeaton stated that recently, rather than binding, archival boxes are being used.  She suggested that the binding could be reduced to $1200.

 

(143:03 elapsed)

            Selectman Musselman stated that the proposed changes would be a cut of $1600 to $273,133.  He so moved.  Selectman Jenness asked whether there was a second.  Selectman Mills said no.

            Selectman Mills stated that he would like to reduce the wages from $91,409 to $84,805, the amount for “last year.”  That was increased last year based on Ms. Yeaton’s word that they would be open on Saturdays.  From March until August 22 the office was closed on five Saturdays and “we” were not notified.  He said:

“You gave me your word that this place would be open on Saturday morning between 8:00 and 12:00, that if, Andrea wasn’t available, Donna wasn’t available, that you would come in.  I find it very hard that three people, one person out of three people cannot be available for a Saturday morning…”

Ms. Yeaton began to respond.  Selectman Mills cut her off, raised his voice and pointed his finger at Ms. Yeaton, and continued, saying “especially when you gave me your word you were gonna be open, that you would cover it yourself.”

            Ms. Yeaton stated that she would take the blame for one of the Saturdays.  Everyone was going to be out of town.  The other four Saturdays were totally out of her control because of the lack of State support to do motor vehicle registrations.  If that is not available there is no reason for the office to be open.  Selectman Musselman agreed, saying that people would come to Town Hall and then have to come back again.

            After further questioning from Selectman Mills, Ms. Yeaton acknowledged the scheduling error on her part relating to one of the Saturdays and again apologized.  In response, Selectman Mills raised his voice and said:

“We did you a favor by increasing the hours so your third clerk could go full-time and get benefits.  Okay.  We did you a favor…  I’ve been upset since I walked in the door and saw the note on the door that it was closed on the 22nd.”

            Selectman Musselman asked whether there would be Saturdays during 2016 when the State would be closed.  Ms. Yeaton stated that she would need to look at the schedule but there are two more Saturdays this year:  the Saturdays after Thanksgiving and Christmas.  On weeks that the office is closed on Saturday, Andrea works a full day on Tuesday instead of taking three hours off that day, she said.

            There was further argument between Selectman Mills and Ms. Yeaton regarding whether the closings were beyond her control.  He stated that the taxpayers had agreed to pay the additional money but the office had been closed.

            Selectman Jenness stated that the favor had been to the taxpayers who find it easier to register their cars on Saturday.  Selectman Mills disagreed, saying that the favor had been to Ms. Yeaton.  Ms. Yeaton disagreed, saying the extra time was needed.  Selectman Musselman said that the decision for him was not based on enabling Andrea to receive benefits.  Selectman Mills stated that Selectman Musselman had come up with the data to show that there is no other community the size of Rye that has three full-time employees in the town clerk/tax collector’s office.  Selectman Musselman stated that he did not recall that.

            Selectman Jenness stated that they were trying to find out whether the service would be utilized, which would take a full year.  They had not understood that there would be Saturdays without State support.  Ms. Yeaton stated that she was not aware of that either. 

            Selectman Mills spoke about a person seeking a beach sticker driving up from Boston and discovering that the office was closed due to the State motor vehicle people “having a party.”

            Mr. Magnant suggested that the office be open one evening during the week if the office is going to be closed on Saturday.  Ms. Yeaton stated that she did not have a problem with that.

            Selectman Mills changed the subject to Ms. Yeaton’s retirement in April.  He stated that “you and Donna went to the town clerk’s thing, the both of youse (sic).  Why did you go, if you’re retiring in April.  Ms. Yeaton asked why she wouldn’t and confirmed that she went every year. 

            Selectman Mills raised his voice and said “this discussion can go on until tomorrow.  I’m not changing my vote, because I’ve made promises to people to reduce the hours in the Town Clerk/Tax Collector’s office.  Okay.”

            Selectman Jenness stated that it would be easy, going forward, to publicize the closings so that people are aware.

            Selectman Mills changed the subject to a complaint letter from a person on Washington Rd.  Ms. Yeaton stated that there had been one letter of complaint in a number of years.

            Selectman Jenness stated that they needed to get back to work.  Selectman Musselman revised his motion to approve $273,133 with the caveat that, on Saturdays that the State motor vehicle department is closed that the office be open one evening during the week, well-publicized beforehand.  Selectman Jenness seconded.  The motion carried 2-1, Selectman Mills opposed.

 

(134:49 elapsed)        

            Selectman Mills raised his voice, pointed his finger and said:

“I’ve been sitting in this seat, okay, a hell of a lot longer than both of you, either one of you, okay.  And, I have been fooled many times, but not like this time here.  I was fooled.  And, you people, I’m telling you right now, I’m a vindictive ‘son of a b.’  You people will pay for your vote right now.  You went against that.  Okay.  And, you can take it as a threat.”

 

Assessing services recommendation (155:24 elapsed)

 

            Mr. Magnant suggested that the matter be tabled to the next meeting.  There is a spreadsheet in their packets outlining the responses.  However they did not get the actual responses.  Selectman Musselman so moved.  Selectman Jenness seconded after Selectman Mills declined to second the motion.  The motion carried 2-1, Selectman Mills opposed.

 

Ratification of vote eliminating Finance Assistant position (156:22 elapsed)

 

            Selectman Musselman explained that the position had been down to ten hours per week and they are finding that it is no longer needed and it is not in the 2016 budget.  He moved to eliminate the part-time position effective October 23, 2015.  Selectman Jenness seconded.  The motion carried 2-1, Selectman Mills opposed.  Editor’s note:  This position has been occupied by Sue Dunfey, who formerly worked in the Building Inspector’s office.  The initial vote had apparently been taken in non-public session.

 

Garceau unmerger request (157:35 elapsed)

 

            Selectman Jenness noted that they had been at a site walk at the location earlier in the day.  She noted that Selectman Mills had not arrived on time and that the meeting had been started because it was getting dark.  They walked out on the marsh.  There is a pier or wharf at the back of the property that extends from where Mr. Garceau’s home is to the creek, she said.

            Mr. Garceau made the correction that the pier starts on a separate lot.

            Selectman Musselman related what Town Attorney Donovan had stated in a letter.  Until December 31, 2016, owners of involuntarily merged lots may unmerge them on request to the Board of Selectmen.  The request must be granted unless the lots have previously been voluntarily merged by an owner in the chain of title.  Otherwise, those merged prior to September 18, 2010 shall be restored to their premerger status.  Mr. Donovan’s analysis of this situation is that, if the pier has been used by the Garceaus for docking a boat used by them, then it would be an accessory use of lot 23, somewhat akin to a garage.  That would be evidence of a voluntary merger.  Selectman Musselman stated that, on the site walk, it was determined that the Garceau’s had built the dock after they acquired the land and that it had been used from the adjacent lot.  Based on those facts, they cannot grant the unmerger request.

            Mr. Garceau stated that the lot is treated by itself and the pier is on the separate lot.  What is being discussed here is the lot itself, not the use.  He stated that the lot was purchased separately, with no pier on it, after the house was built.  He confirmed that there could be access to boats from the house, but argued that the lot was separate.  The RSA addresses the lot itself, not the use of the lot. 

            Selectman Musselman stated that the two lots had been used jointly, which is the point. 

            Mr. Garceau acknowledged that it had been used as such, but there had been no merger request.  Merger was not required for the use of the property.  Conversely, two other lots had been voluntarily merged to create a buildable lot for the house.  The pier is a permitted use on wetlands, he said. 

            Selectman Jenness stated that Attorney Donovan had cited Roberts v. Town of Windham.  The New Hampshire Supreme Court had indicated that overt actions could establish a voluntary merger.  Editor’s note:  The issue in Roberts v. Town of Windham, 165 N.H. 186, 192 (2013) was whether a garage constructed within two inches of a lot line, facing the other lot, and with which it shared a driveway, established an intent to voluntarily merge the lots.  The Supreme Court determined that it did.

            Mr. Garceau stated that it had been separate.  There had been no requirement that he acquire the lot.

            Selectman Musselman moved that the matter be tabled for a further opinion from Town Counsel.  Selectman Jenness seconded after Selectman Mills refused to do so. The motion carried 2-1, Selectman Mills opposed.

            There was discussion about Selectman Mills having found a hypodermic needle at the Recycling Center recently.  He further stated that the location of the metal container is not acceptable.

 

Race Permit (169:32 elapsed)

 

            Police Chief Kevin Walsh requested that a permit be approved for a race that would start in Portsmouth, goes down Sagamore Rd. to Pioneer, onto Brackett, then Marsh, Ocean Blvd., then Pioneer Rd. and back onto Sagamore Rd. and then Wentworth Rd.  This would probably be the last race of the season.

            The biggest challenge would be keeping the participants single file on Pioneer Rd.  One of the detail cruisers would be tasked with that, he said. 

            Selectman Mills asked Mr. Magnant whether he would be participating.  He said that he would not.  Selectman Musselman stated that he would not be participating this year either.

            Selectman Jenness stated that 1200 is a lot of participants. There had been a complaint about the Granite State Wheelmen, she said.  Chief Walsh noted the steps that were being taken to avoid problems in the future.

            Selectman Musselman made a motion to approve the race permit.  Selectman Jenness seconded after Selectman Mills refused to.  All were in favor.

 

Adjournment (172:24 elapsed)

           

            Selectman Musselman then moved to adjourn.  Selectman Mills refused to second the motion.  Selectman Musselman said that Selectman Mills would need to stay all night and asked whether anyone had a pillow.  Whereupon the meeting adjourned at approximately 9:40 p.m.